# Petition — McKitty v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_1712%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition - **Published:** January 1, 1976 - **Citation:** 425 U.S. 972 ## Text | Supreme Court, U. & *¥iLED FEB 12 1976 MOWAEL RODAK, JR., CLERK | eee a IN THE Supreme Court of the United States Octosper Term, 1975. . No. 75-1145 ROOSEVELT McKITTY, Petitioner, VS. UNITED STATES OF AMERICA, Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Raymonp A. Brown, Counsel for Petitioner, 26 Journal Square Jersey City, New Jersey 07306. — Adams Press Corp., 11 Commerce Street, Newark, N. J. 07102—(201) 623-8611 TABLE OF CONTENTS PAGE Rn ee a eae 1 JURISDICTION .....---.-0--c-e-e0+0- a I TI iciesscticiinscccsnnestncntniirccnnttipstininsnaiionianiteniinnan 2 STATUTORY PROVISIONS INVOLVED ......2.-...00--ceeceecceceeseoeeesee 2 STATEMENT OF THE CASE ....... scenliiediaihaibioaleaba 2 REASONS FOR GRANTING THE WRIT .........-22...s0:-ecseseeeeeeeeeee 7 CoNCLUSION ...........- - ; 12 APPENDIX: A—Judgment Order of the United States Court of Appeals ............. saliahinedaieneidaaneiinemenptecntis la B—Statutory Provisions Involved .................-..... 4a Cases Cited Sherman v. United States, 356 U. 8. 369 (1958) _....... 8, 9 Sorrells v. United States, 287 U. S. 441 (1932)_.........8, 9, 11 United States v. Russell, 411 U. 8. 429 (1973)... 8 Statutes Cited 18 U.S.C, II Ty sescccsesssinsiieslbuesieimieepsgutieisianieacieniiaienppiiticisiaiiiis 2 21 U.S.C.: | eee ea eae re BI MY GE OD saceccans ecient caaiinlacinenaiaibictisinaeonmanne 28 U.S.C.: Se : |) eer rrener ee Ne RP 2 IN THE Suprene Court of the United States Ocrosper Term, 1975. No. > ROOSEVELT McKITTY, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT The Petitioner, Roosevelt MeKitty, respectfully prays that a Writ of Certiorari issue to review the judgment of the United States Court of Appeals for the Third Cir- cuit, entered in the above case on January 14, 1976. Opinion Below The opinion of the Cireuit Court of Appeals appears in the appendix annexed hereto, is as yet unreported. Jurisdiction The judgment of the Court of Appeals was entered on Janus ~y 14, 1976. The jurisdiction of this court is in- voked under 28 U.S.C. 1254 (1). (See Appendix A) Question Presented Whether the evidence established that petitioner was entrapped as a matter of law on the crimes charged in the indictments. Statutory Provisions Involved Statutory provisions involved are 21 U.S.C. Seetion 841 (a) (1) (Count T) and 21 U.S.C. Sections 952 (a) (2) 960 and 18 U.S.C. Section 2 (Count TT) and 21 U.S.C. Section 841 (a) (1) and 18 U.S.C. Section 2. (Count ITT) (See Appendix B) Statement of the Case A three count indictment was filed against petitioner and Isaae B. Bravo, charging each with conspiracy to possess marijuana with intent to distribute it in violation of 21 U.S.C. Sections 841 (a) (1) (Cownt T) importing marijuana in violation of 21 U.S.C. Section 952 (a) (2), 960 and 18 U.S.C. Section 2 (Count IT) and possessing marijuana with intent to distribute it in violation of 21 om Section S41 (a) (1) and 18 U.S.C. Seetion 2 (Count The jury returned guilty verdicts against Petitioner on each count and against Bravo on Count TI. Petitioner was. sentenced for three concurrent five year custodial terms, each to be followed by a two year special parole term. On appeal the Cireuit Court of Appeals affirmed the judgment of conviction against the Petitioner. Special Agent Crane testified he met Petitioner for the first time at the Linden Airport in Linden, New Jersey on August 17, 1974, at about 1:00 P.M. He was intro- duced to Petitioner by Id Keegan. He had a short con- versation with Petitioner and stated “Mr. MeckKitty was not particularly interested in talking to me directly. I don’t think he anticipated meeting me. I was introduced to MeKitty as someone who could accomplish cireumvent- ing customs at Newark Airport.” (iTr. 36-6 to 13). Agent Crane further stated that he bad accompanied Keegan to the airport “with the intention and purpose of meeting Mr. MeKitty to talk to him about a possible importation of marijuana” (1Tr. 35-5 to 7). Agent Crane also indi- cated that there was a discussion of the amount of finan- cial compensation that he was to receive for performing his service. In response to the question on direct ex- amination: “Was there any discussion on how these goods should be shipped?” Agent Crane answered: “Yes, there was. I told him that I think the easiest way to do it would be if they were shipped as his personal effects.” (1Tr. 37-17 to 21). Agent Crane had further contact with petitioner on the evening of August 22, 1974 when he met with the defend- ant at the Broker Restaurant in Newark. The meeting had been arranged by Id Keegan (17Tr. 41-12 to 16). + During the course of the meeting, petitioner told him that a shipment was in fact due to arrive at Newark Airport at 7:00 P.M. that evening (1Tr. 43-3 to 6). Crane re- sponded by requesting that MeKitty supply him with an airway bill number on the shipment. According to Crane, MeKitty responded, that he did not have the number, but said that if Crane “would call him the next morning, that he would supply it” (1Tr. 44-2'to 9). At this time, Agent Crane went back to his office and met with other law en- forcement agents. He then went to Newark Airport and located the shipment in question, which was addressed to a Mr. George Williams, in Newark, New Jersey (1Tr. 53-20). At this time, the Government agents opened the erate (G-1) and verified the fact that there appeared to be marijuana inside (1Tr. 55-11 to 13). Agent Crane testified that after inspecting the crate with the contraband marijuana, he met with Customs agents and other law enforcement personnel to establish plans for delivery of the crate to the Shell station which had been picked as his rendezvous point with petitioner (2Tr. 6-2 to 7). The crate was then put into a blue van and was taken to a bowling alley parking lot near the Shell station rendezvous point. -— [la] Za Appendix A Submitted under 3rd Cir. Rule 12(6) January 8, 1976 Refore: Van Dusen, Apams and WEIs, Circuit Judges Raymond M. Brown, Esq., Brown & Vogelman, Newark, New Jersey, Attorneys for Appellants Jonathan L. Goldstein, U. S. Attorney; John J. Barry, Assistant U. S. Attorney; Brian D. Burns, Assistant U. S. Attorney; Newark, New Jersey, Attorneys for Appellee JUDGMENT ORDER After consideration of defendants’ respective conten- tions, namely: (1) defendant McKitty was entrapped as a mat- ter of law;* and 'The evidence was sufficient to permit the jury to conclude that the defendant was predisposed to commit the crimes of which he was convicted. United States v. Russell, 411 U. S. 423 (1973); see, e g., Trial Transcript, Vol. III, at 3.239-40; 3.251-54 (D. N. J., Crim. No. 74-366). 3a Appendix A (2) the evidence was insufficient to support a ver- dict of guilty against defendant Bravo;* It is ADJUDGED AND oRDERED that the judgment of the district court be and is hereby affirmed. By tHe Court: Van Dusen Cireuit Judge Attest: THomas F. Quinn Clerk Dated: January 14, 1976 * The jury could reasonably infer from all the facts and circum- stances surrounding the transaction, including the fact that Bravo looked into the crate, and from Lravo’s subsequent flight, that de- fendant Bravo knowingly possessed marijuana with intent to dis- tribute it in violation of 21 U. S. C. § 841(a)(1). See, e. g., Trial Transcript, Vol. II at 2.28-30; 2.35; Vol. III at 3.158 (D. N. Jj. Crim. No. 74-366). 4a APPENDIX B Statutory Provisions Involved 21 U.S.C. Section 841. (a) Exeept as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute or dispense, a controlled substance. 21 U.S.C. Section 952. (a) It shall be unlawful to import into the customs ter- ritory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any con- trolled substance in schedule I or II of subchapter I of this chapter, or any narcotic drug in schedule IIT, IV, or V of subchapter I of this chapter, except that— (1) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule Ill, LV, or V that the Attorney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States. 21 :'U.S.C. Seetion 960. (a) Any person who— -* (1) contrary to section 952, 953, or 957, of this title, knowingly or intentionally imports or exports a controlled substance. 5a Appendix B (2) contrary to section 955 of this title, know- ingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle, a controlled substance, or (3) contrary to section 959 of this title, manu- factures or distributes a controlled substance, shall be punished as provided in subsection (b) of this section. 18 U.S.C. Section 2. (a) Whoever commits an offense against the United States, or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whovere willfully causes an act to be done which if direetly performed by him or another would be an of- fense against the United States, is punishable as a principal. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_1712%3A1. Public record. Not legal advice.